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(영문) 대구지방법원 2016.06.16 2016고단1367
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 24, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Daegu District Court.

On March 19, 2016, the Defendant: (a) driven a DCoon vehicle on the frontway in Daegu Suwon-gu B on March 19, 2016; (b) caused a traffic accident; (c) was driven under the influence of alcohol by the Defendant, from three police officers, other than Dcoon Assistant F of the Suwon Police Station called upon upon receipt of 112, who snife, snife, snife, snife, knife, knife, knife, and knife,

Due to reasonable grounds, there was a demand of four times in total to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원들의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had been punished by a fine for driving under drinking on July 2015, the Defendant committed the instant crime, the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime, etc., the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the instant crime shall be considered and the sentence is determined as ordered by taking into account the various factors indicated in the instant argument, such as the circumstances after the crime.

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